https://tw.news.yahoo.com/通姦除罪化-抓姦不成元配反吃官司-204906665.html
通姦除罪化 抓姦不成元配反吃官司
中廣新聞網
10.1k 人追蹤
2020年9月13日 下午8:49
通姦除罪化，抓猴要特別小心了！新竹一名人妻跟蹤丈夫行蹤，趁著丈夫和小三親蜜時衝進房內，見丈夫和小三全身赤裸在床上，元配立即蒐證，原本以為鐵證如山，但因通姦除罪化，偷情的兩人沒事，率隊抓姦在妻子反遭檢方依妨害秘密和入侵住宅罪嫌起訴。（彭清仁報導）
新竹一名人妻懷疑丈夫外遇，去年六月跟蹤丈夫並率多人前往小三家中抓姦在床，丈夫和小三在床上全身赤裸，人妻和多人立即拍照蒐證，稱得上是鐵證如山，事後這對怨偶也協議離婚。元配控告丈夫和小三妨害婚姻罪，但小三則是反控元配入侵住宅和妨害秘密罪。
全案檢方偵查中，丈夫撤回對妻子妨害秘密告訴，檢察官偵結後認為，丈夫與小三的妨害家庭部分，因為通姦除罪化而雙雙不起訴。不過檢方勘驗現場蒐證影片，發現拍到丈夫與小三全身赤裸，驚慌拿棉被和枕頭遮住私密處的過程，認為配偶不能藉口懷疑或有調查另一半外遇的必要，就因此恣意窺視、竊聽他人的非公開活動、言語、談話或身體隱私部位，最後抓姦的元配反而吃上無故侵入住宅，與竊錄非公開活動及身體隱私部位罪嫌，提起公訴。
不過法界人士指出，不要以為通姦除罪化可以逃掉刑事責任，但仍有民事求償可以補償，台東一件案例就是通姦除罪化，丈夫和小三都獲刑責免訴，但元配循民事訴訟控告小三侵害她的配偶權，請求賠償慰撫金六百萬元，小三則稱通姦刑事案件已經判決免訴，主張駁回原告請求，最後法官確認這段姦情的存在，判決小三要賠償慰撫金五十五萬元。
Decriminalizing adultery
[Zhongguang News Network]
China Broadcasting News
10.1k people tracked
September 13, 2020 at 8:49 pm
Adultery is decriminalized, so be careful when you catch monkeys! A wife in Hsinchu followed her husband's whereabouts, and rushed into the room while her husband and Xiaosan were honeyed. Seeing her husband and Xiaosan were naked on the bed, Yuanpei immediately searched for evidence. Originally thought it was ironclad, but because of adultery, he was decriminalized and cheated. The two were okay, and they led the team to arrest the wife and were charged by the prosecutor for obstructing the secrets and invading the house. (Reported by Peng Qingren)
A wife in Hsinchu suspected that her husband had an affair. Last June, she followed her husband and led a number of people to the Xiaosan’s house to catch the rape in bed. The husband and Xiaosan were naked on the bed. The wife and many people immediately took photos and searched for evidence. The couple also agreed to divorce. Yuan Pei sued her husband and Xiao San for crimes of obstructing marriage, but Xiao San was charged with crimes of invading the house and obstructing secrets.
During the investigation by the prosecutor in the whole case, the husband withdrew the secret notification of the nuisance to his wife. After the investigation, the prosecutor believed that the husband and the third part of the family nuisance were not prosecuted because of the decriminalization of adultery. However, the prosecutors inspected the scene to search for evidence and found that the husband and Xiaosan were naked, panicking the process of covering their private parts with quilts and pillows. They believed that the spouse could not use excuses for suspicion or the need to investigate the affair with the other half, so he peeped arbitrarily. , Eavesdropping on other people's non-public activities, speech, conversations or private parts of the body, and finally caught the gangster but intruded into the house for no reason, and prosecuted the crime of stealing non-public activities and private parts of the body.
However, people in the legal profession pointed out that do not think that decriminalization of adultery can escape criminal responsibility, but there are still civil claims to be compensated. One case in Taitung is decriminalization of adultery. Both the husband and the mistress were exempted from criminal liability, but Yuanpei followed a civil lawsuit. He accused Xiao San of infringing her spouse rights and requested compensation of 6 million yuan for comfort money. Xiao San claimed that the criminal case of adultery had been ruled for exemption, and advocated dismissing the plaintiff’s request. Finally, the judge confirmed the existence of this adultery and ruled that Xiao San should compensate 50 for the comfort money. Fifty thousand yuan.
通姦除罪化 抓姦不成元配反吃官司
中廣新聞網
10.1k 人追蹤
2020年9月13日 下午8:49
通姦除罪化，抓猴要特別小心了！新竹一名人妻跟蹤丈夫行蹤，趁著丈夫和小三親蜜時衝進房內，見丈夫和小三全身赤裸在床上，元配立即蒐證，原本以為鐵證如山，但因通姦除罪化，偷情的兩人沒事，率隊抓姦在妻子反遭檢方依妨害秘密和入侵住宅罪嫌起訴。（彭清仁報導）
新竹一名人妻懷疑丈夫外遇，去年六月跟蹤丈夫並率多人前往小三家中抓姦在床，丈夫和小三在床上全身赤裸，人妻和多人立即拍照蒐證，稱得上是鐵證如山，事後這對怨偶也協議離婚。元配控告丈夫和小三妨害婚姻罪，但小三則是反控元配入侵住宅和妨害秘密罪。
全案檢方偵查中，丈夫撤回對妻子妨害秘密告訴，檢察官偵結後認為，丈夫與小三的妨害家庭部分，因為通姦除罪化而雙雙不起訴。不過檢方勘驗現場蒐證影片，發現拍到丈夫與小三全身赤裸，驚慌拿棉被和枕頭遮住私密處的過程，認為配偶不能藉口懷疑或有調查另一半外遇的必要，就因此恣意窺視、竊聽他人的非公開活動、言語、談話或身體隱私部位，最後抓姦的元配反而吃上無故侵入住宅，與竊錄非公開活動及身體隱私部位罪嫌，提起公訴。
不過法界人士指出，不要以為通姦除罪化可以逃掉刑事責任，但仍有民事求償可以補償，台東一件案例就是通姦除罪化，丈夫和小三都獲刑責免訴，但元配循民事訴訟控告小三侵害她的配偶權，請求賠償慰撫金六百萬元，小三則稱通姦刑事案件已經判決免訴，主張駁回原告請求，最後法官確認這段姦情的存在，判決小三要賠償慰撫金五十五萬元。
Decriminalizing adultery
[Zhongguang News Network]
China Broadcasting News
10.1k people tracked
September 13, 2020 at 8:49 pm
Adultery is decriminalized, so be careful when you catch monkeys! A wife in Hsinchu followed her husband's whereabouts, and rushed into the room while her husband and Xiaosan were honeyed. Seeing her husband and Xiaosan were naked on the bed, Yuanpei immediately searched for evidence. Originally thought it was ironclad, but because of adultery, he was decriminalized and cheated. The two were okay, and they led the team to arrest the wife and were charged by the prosecutor for obstructing the secrets and invading the house. (Reported by Peng Qingren)
A wife in Hsinchu suspected that her husband had an affair. Last June, she followed her husband and led a number of people to the Xiaosan’s house to catch the rape in bed. The husband and Xiaosan were naked on the bed. The wife and many people immediately took photos and searched for evidence. The couple also agreed to divorce. Yuan Pei sued her husband and Xiao San for crimes of obstructing marriage, but Xiao San was charged with crimes of invading the house and obstructing secrets.
During the investigation by the prosecutor in the whole case, the husband withdrew the secret notification of the nuisance to his wife. After the investigation, the prosecutor believed that the husband and the third part of the family nuisance were not prosecuted because of the decriminalization of adultery. However, the prosecutors inspected the scene to search for evidence and found that the husband and Xiaosan were naked, panicking the process of covering their private parts with quilts and pillows. They believed that the spouse could not use excuses for suspicion or the need to investigate the affair with the other half, so he peeped arbitrarily. , Eavesdropping on other people's non-public activities, speech, conversations or private parts of the body, and finally caught the gangster but intruded into the house for no reason, and prosecuted the crime of stealing non-public activities and private parts of the body.
However, people in the legal profession pointed out that do not think that decriminalization of adultery can escape criminal responsibility, but there are still civil claims to be compensated. One case in Taitung is decriminalization of adultery. Both the husband and the mistress were exempted from criminal liability, but Yuanpei followed a civil lawsuit. He accused Xiao San of infringing her spouse rights and requested compensation of 6 million yuan for comfort money. Xiao San claimed that the criminal case of adultery had been ruled for exemption, and advocated dismissing the plaintiff’s request. Finally, the judge confirmed the existence of this adultery and ruled that Xiao San should compensate 50 for the comfort money. Fifty thousand yuan.
